Home > Legislative Tracker > Aggregate Mining/Preemption

Land Use:
Aggregate Mining/Preemption

Our Position: oppose
Bill Number: SB 774
Sponsor: Sen. Baker
Legislative Session: 2008

Transportation/Construction Aggregate Materials [EPCC]; Requires a super  majority vote by the local government decisionmaking body in order to deny approval of a construction aggregate materials mining site.  Provides for a final determination to be made by the Governor and Cabinet sitting as the Administration Commission if the local government does not approve or deny an application for construction aggregate materials mining activities after two meetings or 3 months, etc.  EFFECTIVE DATE: 07/01/2008.

Status

12/13/07 SENATE Filed
  01/24/08 SENATE Referred to Transportation; Community Affairs; Transportation
                  and Economic Development Appropriations; Rules
  03/04/08 SENATE Introduced, referred to Transportation; Community Affairs;
                  Transportation and Economic Development Appropriations; Rules
                  -SJ 00048
  03/20/08 SENATE On Committee agenda-- Transportation, 03/25/08, 9:00 am, 37-S
  03/25/08 SENATE CS by Transportation; YEAS  5  NAYS  3 -SJ 00372; CS read 1st
                  time on 03/27/08 -SJ 00374
  03/27/08 SENATE Pending reference review under Rule 4.7(2)
  03/31/08 SENATE Remaining references corrected to Community Affairs;
                  Environmental Preservation and Conservation; Transportation
                  and Economic Development Appropriations -SJ 00412; Now in
                  Community Affairs -SJ 00412
  04/04/08 SENATE On Committee agenda-- Community Affairs, 04/09/08, 4:00 pm,
                  412-K0

4/09/08 SENATE Favorable by Community Affairs; YEAS  10  NAYS  0

Action Needed

More information

To read the bill, staff analysis, or to see how members voted in committee, click here.

To read about the Lake Belt case click here .

Contact

Background

Aggregate Mining

 Sierra Club opposes legislation pertaining to aggregate mining that:

·        Preempts local governments’ ability to manage growth according to comprehensive plans adopted as required by the Growth Management Act

·        Prevents local governments from enacting stronger land use restrictions than the state (for example, to protect natural resources.)

Mining is an intensive and irreversible land use frequently associated with pollution, wildlife habitat loss, impacts on ground and surface water resources, and loss of property values and quality of life for those living nearby. 

·        In the Lake Belt case the federal court in Miami found that the carcinogen benzene had polluted the local drinking water supply and placed a temporary ban on aggregate mining.

·         The Everglades, subject of a multi-billion dollar cleanup, could be adversely affected by inappropriate siting of aggregate mining. 

·        Economic impacts of mining activities include cost for cleanup of polluted water, loss of groundwater resources, and losses to the tourism and fisheries industries.  

·        Adverse impacts include the release of process water and stormwater, spills of petroleum products, stack and dust emissions, and noise and ground vibrations. These lead to loss of habitat, dust, erosion, sedimentation, surface and groundwater pollution, and changes to the visual scene.

·        The bill would prevent local governments from enforcing ordinances already adopted to protect their resources.  For example, Sarasota's excavation ordinance includes a specific zoning district that governs earth-moving activities and has been cited as a model.

These proposals are contrary to the Consensus Recommendations adopted by the Strategic Aggregate Review Task Force presented to the Legislature in February 2008.

·        After six weeks of meetings and presentations the 19 Task Force members, comprising multiple interests that included the industry, found that the facts do not support the claim that there is an aggregate unavailability crisis.  FDOT could not identify a projected deficit of the material. 

·        Task force member Richard Grosso: “In short, the facts do not demonstrate that there is any need for the Legislature to intervene and disenfranchise local governments and citizens relative to one of the more intrusive and intensive land uses known to the state of Florida.”

·        Sierra Club is also concerned about an “expedited process” for an activity with so many far-reaching impacts.

·        Passage of preemption for lime rock mining opens the door to preemption for other mined resources, such as phosphate.

For more information:   Lobbyist: David Cullen                941 323-2404                cullenasea@aol.com

References:

www.dot.state.fl.us/statematerialsoffice/administration/resources/library/issues-trends/aggtaskforce/reports.htm

www.lee-county.com/dcd/CommunityPlans/SELC_DRGR/DRGR_Mining_Regs_Summary.pdf

SB 2406 Sponsor(s):  Sen. Mike Bennett.  Prohibits local governments from enacting or enforcing ordinances, resolutions, regulations, rules, policies, or other actions that prohibit mining in certain lands zoned for mining.   Provides an expedited permitting process for certain limerock  environmental resource permitting and reclamation applications, etc.

SB 774 and CS/SB 774.  Sponsor: Sen. Carey Baker:  Requires a super majority vote by the local government decision-making body in order to deny approval of a construction aggregate materials mining site. Provides for a final determination to be made by the Governor and Cabinet if the local government does not approve or deny an application for construction aggregate mining activities after two meetings or 3 months, etc

ENRC13 by the House Environment and Natural Resources Council: Precludes counties or municipalities from enacting or enforcing any ordinance, resolution, regulation, rule, or policy which prohibits or prevents the construction or operation of a lime rock mine based on issues or subject matters regulated by the Florida Dept of Environmental Protection or Ch. 373, part IV (Florida Statutes: Water Resources/Management and Storage of Surface Waters).